O/T California High Court: Yelp Can't Be Ordered To Take Down Posts

[pokerplyr80]

Originally Posted by Peter_Spaeth

And just how do you propose to define those situations? IMO you start down a slippery slope and who knows where it ends. Not to make this political but I would hate to see courts in the position to censor ordinary libelous posts, short of some national security concern.

It would be difficult, but not impossible to define some kind of parameters. The burden of proof would fall to the company to prove a review contains false information and is damaging their business or reputation. But in extreme cases where they have evidence they can present that would warrant removal I feel there should be a legal way to get it taken down.

Leon i am aware they could sue the person who wrote the review. I'd be surprised if 1 yelper in 5 would ever pay a judgement even if the suit was successful.

[drcy]

It doesn't say a company can't take down bad posts, but they can't be legally forced to. Many places, such as newspapers in their comment sections can and do remove inflammatory or rule-breaking posts, and that their removal has nothing to do with the law.

A practical problem for Yelp and the like is that if too many of the reviews are frivolous, wrong or for non-related reasons, the public will no longer use the sites as sources for information. Irrelevant to the law, it may be in Yelp's own interest to remove defamatory, irrelevant and related posts.

As far as suing the reviewer, a dentist successfully sued a reviewer that said the dentist intentionally tried to poison the reviewer's kid.

[sreader3]

Leon,

I agree with this ruling. And thanks for all you do. (BTW I am an IP lawyer).

Scot

[esd10]

People in general have such thin skin anymore and it's been getting out of hand for a while.

[Exhibitman]

I’ve had a few clients wanting to go after Yelp trolls for negatives. My approach is to look at the post carefully. Most of these trolls are so socially deficient that their posts give them away: rude, inflammatory, poor grammar and spelling, and so on. Not a sober, serious critique. It is probably better in the end to ignore it or to respond politely and rationally to the post and let the troll craziness speak for itself.

[Peter_Spaeth]

Originally Posted by pokerplyr80

It would be difficult, but not impossible to define some kind of parameters. The burden of proof would fall to the company to prove a review contains false information and is damaging their business or reputation. But in extreme cases where they have evidence they can present that would warrant removal I feel there should be a legal way to get it taken down.

Leon i am aware they could sue the person who wrote the review. I'd be surprised if 1 yelper in 5 would ever pay a judgement even if the suit was successful.

I am quite certain I don't want the government taking down posts merely because they defame someone.

[calvindog]

Originally Posted by Peter_Spaeth

I am quite certain I don't want the government taking down posts merely because they defame someone.

If someone defamed your business online you would sing a different tune.

[sreader3]

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” (§ 230(c)(1)), and “No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section” (§ 230(e)(3)). The fact that it was 4-3, rather than 7-0, is disturbing.

Seems pretty clear to me.

[calvindog]

Originally Posted by sreader3

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” (§ 230(c)(1)), and “No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section” (§ 230(e)(3)). The fact that it was 4-3, rather than 7-0, is disturbing.

Seems pretty clear to me.

No one is claiming that Yelp should be liable for the defamation posted on its site -- just that they should be required to remove defamatory posts.

[Peter_Spaeth]

Originally Posted by calvindog

If someone defamed your business online you would sing a different tune.

Just think how great it would be for lawyers, a whole new practice area, litigating to enjoin Yelp and Google and Facebook and whatever reviews.

[calvindog]

Originally Posted by Peter_Spaeth

Just think how great it would be for lawyers, a whole new practice area, litigating to enjoin Yelp and Google and Facebook and whatever reviews.

Defamation lawyers. The already exist. Instead of suing for money damages they'd sue for money damages and a requirement that the offending defamation be removed online. Not that big of a deal.

[Peter_Spaeth]

Originally Posted by calvindog

Defamation lawyers. The already exist. Instead of suing for money damages they'd sue for money damages and a requirement that the offending defamation be removed online. Not that big of a deal.

I disagree. Once you're talking about permitting affirmative censorship by the government, that's a big deal.